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LABAJO v. BEST BUY STORES, L.P.

No. 06 Civ 783(DC).

478 F.Supp.2d 523 (2007)

Christina LABAJO, individually and on behalf of all other parties similarly situated, Plaintiff, v. BEST BUY STORES, L.P., Time Inc., and Does 1 through 50, Defendants.

United States District Court, S.D. New York.

March 15, 2007.

Attorney(s) appearing for the Case

Squitieri & Fearon, LLP, New York City by Stephen J. Fearon, Jr., Philip P. Foote, Keller • Fishback LLP, New York City by Daniel Keller, for Plaintiff Christina Labajo.

Manatt, Phelps & Phillips, LLP, New York City by Gregory A. Clarick, Jonathan Melber, for Defendant Time Inc.

Robins, Kaplan, Miller & Ciresi L.L.P., Minneapolis, MN by Anne M. Lockner, Bradley M. Orschel, for Defendant Best Buy Stores, L.P.

MEMORANDUM DECISION

CHIN, District Judge.

On October 29, 2004, plaintiff Christina Labajo purchased a DVD, a soft drink, and candy at a Best Buy store in Chino Hills, California. When the sales clerk saw Labajo taking out a debit card to pay for the purchases, the clerk told Labajo she was eligible for a free subscription to Sports Illustrated. Labajo accepted the offer. Eventually, however, after she received eight free issues of the magazine...

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